Venue, Transfer, and Forum Non Conveniens Flashcards
Venue - Basic Concept
- tells you in which fed court to bring your case
Basic Choices Under the Venue Statute
Pl may lay venue in any district where:
- all defs reside (residential venue) OR
- a substantial part of the claim arose or a substantial part of the property involved in the lawsuit is located (transactional venue)
- only apply for cases initially filed in fed ct (for removal, venue is in the fed ct embracing the state one where the action was filed)
Transactional Venue - Where Claim Can Arise
- substantial part of the claim can arise in more than one district
Miscellaneous Venue Matters
- for venue purposes, doesn’t matter where pl resides
- venue rules are the same for div or fed q cases
- if fef resides outside US, venue is proper in any fed district ct, BUT if another def resides in US, venue must be proper as to her
Where Defendants “Reside” for Venue Purposes
- human “resides” in the fed district ct where domiciled
- business (corp and unincorporated assoc) resides in all districts where it’s subject to PJ for the case
Transfer of Venue - Overview
- goes from one trial court in judicial system to another in the same judicial system
- original ct = transferor
- one to which case sent = transferee
-> transferee must be a proper venue + have PJ over def
Exception to Req of Proper Venue
- ct can transfer to any district (even improper) if all parties consent + court finds cause for the transfer
- unlikely that pl would consent to transfer though, b/c pl chose the original venue
Transfer Statute #1 - Transfer from a Proper Venue: Basic Concept
- if original venue proper, court can transfer based on convenience of parties and witnesses and in the interests of justice
- burden is on the person seeking transfer (usually def)
Transfer Statute #1 - Transfer from a Proper Venue: Considerations
- court considers both public and private factors showing that another court = center of gravity for the case
Public:
- what law applies
- what community should be burdened w/ jury service
- desire to keep a local controversy in a local court
Private:
- convenience (ex: look to where defendants + ev are found)
Statute #1 - Effect of Transfer on Choice of Law
- when div case is filed in proper venue but court orders transfer under statute #1, transferee court must apply the choice of law rules of the transferor court
-> unless transfer is to give effect to valid forum selection clause
Forum Selection Clause
- provision in which the parties agree that a dispute between them will be litigated in a particular place
- if one party sues the other in violation of the clause, def may seek to enforce the clause through motion to transfer
Statute #1 - Effect of Forum Selection Clause
- fed law enforces only if not unreasonable
-> fed law governs transfer in fed ct (can enforce an FSC even if state ct wouldn’t) - when there’s a valid FSC, only public interest factors are considered for transfer
- when transfer is to enforce an FSC, transferee court will apply its own choice of law rules (has to apply choice of law rules of state in which located)
-> transfer doesn’t carry transferor’s choice of law rules with it
Statute #2
- where og venue is improper
- court can transfer in the interest of justice or dismiss
-> will usually transfer if possible - when fed ct transfers div jur b/c venue improper, transferee applies own choice of law rules (those of state in which it sits)
Forum Non Conveniens - Basic Concept
- applies when there’s another court that’s the center of gravity for the case
- BUT in this instance, that court is in a different judicial system, so the court can’t transfer to it
- ct invoking FNC will stay the case or dismiss it (w/ idea that pl will file in the other forum)
Forum Non Conveniens - Factors Considered
- based on same public + private factors as transfer, including existence of a valid forum selection clause
